16 U.S.C. § 544 — Columbia River Gorge National Scenic Area; definitions

For sections 544 through 544p: (a) “Adversely affect” means, except in section 544m, a reasonable likelihood of more than moderate harm to Scenic Area scenic, cultural, recreational, or natural resources. The decision considers (1) the proposed action’s context; (2) its intensity, including the size and length of the impact and likelihood it will occur; (3) its relationship to similar actions whose combined effects may be significant; and (4) proven mitigation measures the proposer will carry out to reduce an otherwise significant effect to an insignificant level. (b) “Agricultural lands” means land designated agricultural under section 544d. (c) “Commission” means the Columbia River Gorge Commission established under section 544c. (d) “Counties” means Hood River, Multnomah, and Wasco Counties in Oregon and Clark, Klickitat, and Skamania Counties in Washington. (e) “Dodson/Warrendale Special Purchase Unit” means the unit established under section 544b. (f) “Forest lands” means land designated forest land under section 544d. (g) “Indian tribes” means the Nez Perce Tribe; the Confederated Tribes and Bands of the Yakima Indian Nation; the Confederated Tribes of the Warm Springs of Oregon; and the Confederated Tribes of the Umatilla Indian Reservation. (h) “Interim guidelines” means guidelines developed by the Secretary under section 544h, including amendments, revisions, and variances. (i) “Land use ordinance” or “ordinance” means an ordinance adopted by a county or the Commission under sections 544 through 544p, including an amendment, revision, or variance. (j) “Major development actions” means (1) subdivision, partition, or short-plat proposals; (2) permits to locate or build outside urban areas multifamily residential, industrial, or commercial facilities, except facilities included in the recreation assessment; (3) exploration, development, or production of minerals, unless it can occur without disturbing the surface in a special management area or concerns sand, gravel, or crushed rock used for roads in such areas serving forest-product production; and (4) permits to locate or build a residence or other related major structure in a special management area on a parcel smaller than 40 acres. (k) “Management plan” means the Scenic Area management plan adopted under section 544d. (l) “Open spaces” means unimproved land not designated agricultural or forest land and designated open space under section 544d. It includes (1) scenic, cultural, and historic areas; (2) fish and wildlife habitat; (3) land supporting endemic plant species or species listed as rare, threatened, or endangered under State or Federal law; (4) ecologically or scientifically important natural areas; (5) outstanding scenic views and sites; (6) water areas and wetlands; (7) archaeological sites, Indian burial and village sites, historic trails and roads, and other culturally or historically important areas; (8) existing and potential recreation resources; and (9) Federal and State wild, scenic, and recreation waterways. (m) “Recreation assessment” means the assessment adopted under section 544d. (n) “Residential development” means permitting the location or construction of a residence or related major structure. (o) “Scenic Area” means the Columbia River Gorge National Scenic Area established under section 544b. (p) “Secretary” means the Secretary of Agriculture. (q) “Special management areas” means areas established within the Scenic Area under section 544b. (r) “States” means Oregon and Washington. (s) “Urban areas” means areas identified as urban on the map referred to in section 544b(e), or inside an urban-area boundary later revised under section 544b(f).